3.7 Translation

Applicants are required to advise the Office of the translation²² of any foreign words in a mark before it can be accepted.²³ The wording of a translation should be standardised as in these examples:

One foreign word

The applicant advises that the translation of the [language] word [word in capitals with no speech marks] in the mark is [translation in speech marks].

For example:

The applicant advises that the translation of the French word ROUGE in the mark is "red".

Several foreign words

The applicant advises that the translation of the [language] words [words in capitals with no speech marks] in the mark is (translation in speech marks).

For example:

The applicant advises that the translation of the French words POMME ROUGE in the mark is "red apple".

Where no translation is provided and research during the examination process indicates that the word(s) in a mark have no meaning in a foreign language, the examiner should proceed on the basis that the mark does not have meaning in a foreign language and the applicant will not be asked whether the mark is a foreign word.

However where no translation is provided and research during the examination process indicates that a word in a mark has a meaning in a foreign language, the examiner should proceed as follows:

• Where a mark has a meaning in a foreign language but that meaning is not one that would lead the examiner to raise a concern on absolute and/or relative grounds, the examiner should not ask the applicant for confirmation of the translation and will not require an explanation to be entered on the Register;
• Where a mark has a meaning in a foreign language that is likely to cause the examiner to raise a concern on absolute and/or relative grounds, the examiner should advise the applicant of the translation and request confirmation from the applicant of the translation.

Where research during the examination process indicates that the information provided by the applicant is not correct, the examiner will raise the issue with the applicant.

Footnotes